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Musamus Law Review
Published by Universitas Musamus
ISSN : 26219581     EISSN : 2621959X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Musamus Law Review (MuLaRev) is a peer-reviewed journal published by Faculty of Law, Musamus University, Merauke, Papua, Indonesia. MuLaRev published twice a year (October and April).
Arjuna Subject : -
Articles 6 Documents
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Search results for , issue "Vol 5 No 1 (2022): MuLaRev" : 6 Documents clear
Legal Protection of Persons with Disabilities as a Management of Guarantee on Human Rights Leni Dwi Nurmala; Rustam Hs. Akili
Musamus Law Review Vol 5 No 1 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i1.4217

Abstract

Human rights are universal and fundamental to all human beings. Human rights are rights that are inherent in the human person since birth that are used to maintain their dignity and human values. These rights must be believed to be gifts or gifts from God Almighty which no one has the right to rob, remove or revoke these rights. In Indonesia, with a very high population, the existence of persons with disabilities cannot be denied. Disability can occur due to health problems that arise from birth, chronic or acute illnesses, and injuries that can be caused by accidents, wars, riots, disasters, and so on. Persons with disabilities make us realize that they are human beings who are given physical deficiencies, but are not different people. The existence of persons with disabilities is a minority who must receive guarantees for their survival. In Indonesia, persons with disabilities have been given legal protection, namely the promulgation of Law no. 8 of 2016 concerning Persons with Disabilities which provides legal protection for persons with disabilities, but is still not fully able to fulfill the basic rights of persons with disabilities, including the right to legal protection, the right to obtain decent work, the right to education and so on. For this reason, this paper aims to find out about how legal protection is given to persons with disabilities in Indonesia.
Affirmation Policy Formulation in the Field of Staffing in Meeting the Need to Create Quality Employees Lily Bauw
Musamus Law Review Vol 5 No 1 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i1.4499

Abstract

The granting of Special Autonomy is to realize justice, uphold the rule of law, implement human rights (HAM), accelerate economic development, improve the welfare and progress of the Papuan people in order to realize and balance the progress of other provinces. The purpose of this study was to determine and analyze the Affirmation Policy in the field of employment in meeting the needs of qualified employees. The method used is normative legal research to be able to solve problems by examining secondary data. Secondary data is obtained by studying and reviewing library materials in the form of legal materials, both primary legal materials, secondary legal materials, and tertiary legal materials. presented descriptively. The results of this study are the need for a clear and responsible juridical basis in the implementation of special regional staffing fields, namely by making special Provincial regulations and Regency Regional Regulations.
Government Responsibilities in Fulfilling Victims' Rights During the Rehabilitation and Reconstruction Phase After the Earthquake in Sulai Village, Ulumanda District, Majene Regency Eka Dewi Kartika; Salma Laitupa
Musamus Law Review Vol 5 No 1 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i1.4593

Abstract

The rehabilitation and reconstruction phase is very important in restoring the environment, infrastructure, social, economic, cultural and psychological aspects of disaster victims, especially victims of the 6.2 magnitude earthquake in West Sulawesi in 2021. The rehabilitation and reconstruction phase is the stage where the community receives protection from the State in this regard. the central government and local governments in the recovery of all sectors of life after the disaster victims. 1 year after the earthquake in Sulai Village, Ulumanda District, it is still not evenly distributed to get the fulfillment of the facilities contained in the rehabilitation and reconstruction phase as a form of local government responsibility as stated in Article 5 of the Majene Regency Regulation No . 9 of 2019 concerning Disaster Management. areas. In the implementation of the rehabilitation and reconstruction phase in Sulai Village, there are 100% elements in the rehabilitation and reconstruction phase that have not been implemented at all, such as the implementation of security and order patrols, communication networks, community party activities, counseling by psychologists, reconciliation and conflict resolution, drainage development, health center repairs. Assistants, health counseling, counseling on disaster risk reduction efforts and permanent housing in the form of stimulant funds for earthquake victims have not been distributed evenly in Sulai Village.
Domestic Violence Against Women During The Covid 19 Pandemic In Gorontalo Province Dedi Sumanto; Asriadi Zainuddin; Mohammad Ramdan Suyitno; Virahmawaty Mahera
Musamus Law Review Vol 5 No 1 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i1.4650

Abstract

The phenomenon of violence against women has recently become a prominent issue. This is not only due to the increasing severity of cases of violence experienced by women, but the intensity is even more worrying. This study focuses on domestic violence during the covid-19 pandemic in Gorontalo Province. The method used in this research is field research with a sociological juridical approach to determine the application of law to society, in this case the enforcement of related laws regarding Law Number 23 of 2004 concerning the Elimination of Domestic Violence.The results of this study are forms of domestic violence in the form of physical violence, namely actions that cause pain, fall ill, or seriously injured. Psychological violence, namely actions that cause fear, loss of self-confidence, loss of ability to act, sense of helplessness, and/or severe psychological suffering on a person. Factors causing Domestic Violence (KDRT) which are often found in handling victims, include: Perpetrators who cheat or have WIL, Communication factors that are not harmonious, There are influence factors from the family either from the victim or perpetrator, Socio-economic factors, Perpetrators who commit physical violence and sexual violence, perpetrators who do not provide a living or neglect for a long time and from the juridical side the problem of domestic violence (KDRT) is pursued through private law (civil) with divorce. However, the dilemma faced by the victim is that she is not ready to live her own life (as a widow) by bearing a negative predicate from the community.
The Application of The Principles of Legal Assurance, Justice, And Expediency in State Civil Apparatus Dishonorable Discharge a Study of Civil Court Judgment Number 164/G/2019/Ptun-Jkt Khozin Alfani
Musamus Law Review Vol 5 No 1 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i1.4782

Abstract

Justice is the essence of law. Its existence must be in line with legal assurance and legal expediency. The slow execution of the government in carrying out the order of the State Civil Apparatus Law for the dishonorable discharge of state civil apparatus employee because of the malfeasance they committed raises the problem of substantive justice. The judges’ verdict of the Jakarta Civil Court that adjudicated the dispute regarding the dishonorable discharge, granted the request of the concerned civil servant. This study aims to analyze the application of the principles of legal certainty, justice, and expediency in the judge verdict of the Civil Court no. 164/G/2019/PTUN-JKT. The research method is in the form of juridical, mainly from secondary data, exploratory analytical typology with a qualitative approach. The results of the study show that judges apply the principles of legal assurance, justice, and expediency in a balanced manner by considering the chronology and legal facts in the process of civil servant dishonorable discharge. At the same time correcting the government's legal actions by elaborating the principles contained in positive law.
Comparative Study on Legal Certainty of Consumer Protection Regarding E-Commerce Transactions, Between Indonesia, India and the United States Diana Desiree Hardigaluh; M Sofyan Pulungan
Musamus Law Review Vol 5 No 1 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v5i1.4858

Abstract

In both conventional and electronic buying and selling agreements, the protection of consumer rights should be the main concern of business actors. Although there are already regulations governing consumer protection, until now there are still frequent violations of consumer rights, especially in e-commerce transactions. This article is juridical-normative research that compares the laws and regulations concerning consumer protection law in e-commerce transactions between Indonesia, India, and the United States. Through comparative studies and analysis using data sources from the literature, this study explores how the legal certainty of consumer protection in e-commerce transactions in Indonesia is being achieved. In addition, this research also describes the comparison regarding the legal certainty of consumer protection in e-commerce transactions in Indonesia between India and the United States based on the United Nations Guidelines for Consumer Protection. Furthermore, this study provides a prescription for how the legal certainty of consumer protection in e-commerce transactions in Indonesia should be when viewed from a comparison of consumer protection laws in e-commerce transactions in India and the United States.

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